This website is owned and operated by Wait What Inc. (the “Company”, “us” or “we”).  These Terms of Use constitute an agreement between the Company and you, the user.  These Terms of Use govern your access and use of the webpages, podcasts, applications, interactive features, widgets, and their respective content, functionality, and services offered on or at sparkandfire.com (collectively, the “Site”).

Consent to Terms

By using the Site, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree to be bound by the terms and conditions contained in these Terms of Use. If you do not agree to these Terms of Use, you must not access or otherwise use the Site.  We reserve the right, in our sole discretion, to modify these Terms of Use at any time by posting updated Terms of Use.  By continuing to access and use the Site after any such modification is made, you are agreeing to such modification.  Please check these Terms of Use frequently for updates.  If you are under the age of 18, you represent that you are either an emancipated minor or have obtained the legal consent of your parent or legal guardian to agree to these Terms of Use and access the Site.

Consent to Email Communications

You expressly agree that, as part of the Site, you may receive communications by email.  You may stop receiving emails by clicking on the unsubscribe links contained in such emails.

Intellectual Property Rights and Use of the Site.

All content, names, logos, designs, graphics, text, sounds, pictures, videos, software, and other materials on the Site are the intellectual property of the Company, its affiliates or licensors, and are subject to and protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  

Subject to these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal use only.  This license does not include any resale or commercial use of the Site or its content, any derivative use of the Site or its content, or any use of data mining, robots or similar data gathering and extraction tools.  You may download, copy and/or transfer podcasts to a computer or mobile device for your personal, non-commercial, use only, provided that you do not modify the content.

You may also link to our podcasts from your site, blog, application, platform or services, provided that (a) the link redirects the user to the Site when the user clicks on it, (b) you do not insert any intermediate page, splash page or other content between the link and the Site, (c) you do not use the content in a manner that suggests the Company, the Site, or participants in the podcast promote or endorse your, or a third party’s cause, ideas, products, sites, applications, platforms or services, (d) you do not use the content for commercial purposes, and (e) you do not use the content in any way that is unlawful or harmful to any individual or entity. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

The Site and its content may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without our express consent.  You may use the content, content feeds, application programming interfaces, podcasts, media players, and other features on the Site only as expressly permitted in these Terms of Use. 

You are prohibited from violating any law, statute, ordinance, or regulation. 

You must not hack the Site, or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You must not perform any activity to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.   You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of any of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.

If you provide us with any feedback or suggestions for improving any of our podcasts, content, or features on the Site (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right, but are under no obligation, to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

We reserve the right to modify the content, type, and availability of the Site and its content at any time for any reason or no reason at all. Additionally, we reserve the right to change or terminate any offered subscriptions or promotions at any time.

User Posts and Materials 

You are prohibited from posting, submitting, publishing, displaying, or transmitting (hereinafter, “post”) on or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, infringing, obscene, racially or ethnically derogatory, sexually explicit, profane, hateful, or otherwise objectionable material of any kind.  We reserve the right, but are under no obligation, to screen or remove any user posts at any time and for any or no reason.  Any post to the Site will be considered non-confidential and non-proprietary. By posting on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (a) if you post or submit any materials or personally-identifying information on or through the Site, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any materials or content you post or submit on or through the Site that may be necessary for their use as contemplated by the Site or these Terms of Use, (c) the comments, materials or content you post or submit does not and will not defame any individual or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any individual or entity, or violate these Terms of Use.

We are not responsible for any user comments, materials or content submitted by you or a third party on or through the Site.  We cannot verify the accuracy of statements that users make or place on or through the Site, and we do not guaranty that any user comments, materials or content have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms of Use.

Links to Third Party Websites, Applications, Platforms and Services

The Site may contain links to websites, applications, platforms or services maintained by third parties over which we have no control.  We do not endorse the content, products or services of such websites, applications, platforms and services, and we disclaim any responsibility for the content or any products or services that appear on such third party websites, applications, and platforms, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Indemnity

You agree to indemnify and hold harmless the Company, its media guests and participants, business partners, and their respective owners, members, managers, directors, officers, employees, agents, and representatives from any and all claims, liabilities, costs or expenses, including attorneys’ fees, arising from (a) your breach of any of the above representations and warranties, (b) your breach of the terms and conditions of these Terms of Use, or (c) your use of the Site, including, without limitation, your submission of comments, materials, or content through the Site.

Data Usage Charges

We do not charge you for use of our Site.  You acknowledge, however, that streaming media can result in high data usage and may lead to excess data charges.  We encourage you to monitor your wireless plan, data use and data charges.  You agree that you are solely responsible for any costs you incur to access the Site or stream media content on the Site, including any excess data charges.  

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AFFILIATES, AND REPRESENTATIVES, AND THE COMPANY’S MEDIA GUESTS AND PARTICIPANTS, VENDORS AND BUSINESS PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (3) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE.

FURTHER, THE COMPANY MAKES NO REPRESENTATION THAT THE SITE, OR ANY PORTION THEREOF, IS APPROPRIATE OR AVAILABLE FOR USE IN JURISDICTIONS OUTSIDE OF THE UNITED STATES, OR THAT THESE TERMS OF USE COMPLY WITH THE LAWS OF ANY OTHER COUNTRY.  YOU AGREE THAT YOU WILL NOT ACCESS THE SITE FROM ANY TERRIROTY WHERE ITS CONTENT ARE ILLEGAL, AND THAT YOU, AND NOT THE COMPANY, ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION; (B) FOR ANY INCORRECT OR INACCURATE INFORMATION; (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (D) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) FOR ANY OTHER MATTER RELATING TO THE SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR ANY ACCESS TO OR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR THE SITE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SITE.

Claim Limitations Period

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the Site or these Terms of Use must be filed within six (6) months after such claim or cause of action arose, or is forever barred.

Ability to Terminate Access to the Site

You agree that we may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms of Use or any applicable law or is harmful to the interests of the Company or another user.

Applicable Law; Jurisdiction; Class Action Waiver

These Terms of Use shall be governed, construed and enforced in accordance with the internal laws of the State of New York, without regard to conflict of laws principles.  To the extent permissible by law, any disputes under these Terms of Use or relating to the Site shall be litigated in the New York Supreme Court, Albany County or in the United States District Court for the Northern District of New York, Albany Division, and you hereby consent to personal jurisdiction and venue therein.  

To the fullest extent permitted by applicable law, NO CLAIM RELATED TO THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED.  

Use Outside of the United States

We expressly disclaim any representation or warranty that the Services comply with all applicable laws and regulations outside of the United States.  If you use any of the Services outside of the United States, you acknowledge and agree that you are responsible for ensuring your use of the Services is in full compliance with all applicable laws, regulations, and customs of the jurisdiction in which you are located.

Miscellaneous

A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

Contact Information

If you have any comments, questions or complaints regarding these Terms of Use or the Site, or wish to report any violation of these Terms of Use, please contact us at [email protected].  We will address any issue to the best of our abilities as soon as practicable.

These Terms of Use were last updated on August 8, 2023.